Real Estate/Development,
Appellate Practice
May 8, 2020
The virus on appeal, part 4
My prior columns on this topic suggested that a commercial tenant who fails to pay the rent because the corona virus undermined his business might have a viable defense, called frustration of purpose. My discussion assumed that the lease was silent on the question of which party must bear the loss — the landlord or the tenant.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
My prior columns on this topic suggested that a commercial tenant who fails to pay the rent because the corona virus undermined his business might have a viable defense, called frustration of purpose. My discussion assumed that the lease was silent on the question of which party must bear the loss -- the landlord or the tenant.
Now, however, let's break the silence and assume that the Jack-Jill lease does in...
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